PSA: We can get an Independent Counsel or a Special Counsel, but not a Special Prosecutor

[Kurt_and_Hunter]

I support the intent of Firedoglake's petition all day long, but the phrasing might inspire some eye-rolling among critics because I don't think Eric Holder can appoint a "Special Prosecutor." Such a figure would presumably be called an Independent Counsel or perhaps a Special Counsel depending on the particulars. (The SP law expired several years back.)

I knew this, yet just yesterday made the same error, posting a poll about whether people support the idea of a "Special Prosecutor." D'oh! I was raised on Watergate... what can I say?

So to avoid future terminology confusion, here's the run down:

Attorneys in the United States may be appointed/hired particularly or employed generally by different branches of the government to investigate. When appointed/hired particularly by the Judicial Branch to investigate and, if justified, seek indictments in a particular judicial branch case, the attorney is called special prosecutor.<1> When appointed/hired particularly by a governmental branch or agency to investigate alleged misconduct within that branch or agency, the attorney is called independent counsel. <2> When employed by the state or political subdivision to assist in a particular Judicial Branch case when the public interest so requires, the attorney is called special counsel <3>

On January 3, 1983, the United States federal government substituted the term independent counsel for special prosecutor.<4> Archibald Cox was one of the most notable special prosecutors. However, special prosecutor Archibald Cox today would be called independent counsel Archibald Cox in the United States.

The term is sometimes used as a synonym for Independent Counsel, but under the former law authorizing the Independent Counsel, the appointment was made by a special panel of the United States Court of Appeals for the District of Columbia Circuit. The Independent Counsels law expired in 1999, and was effectively replaced by Department of Justice regulation 28 CFR Part 600, under which Special Counsel Patrick Fitzgerald was appointed to look into the Plame affair.

http://en.wikipedia.org/wiki/Special_prosecutor

[Ian David]

1. We may have to settle for getting Cheney on an episode of "Bully Beat-Down."

Yes, there really IS such a show:

http://www.mtv.com/ontv/dyn/bully_beatdown/series.jhtml

[Bobbieo]

2. Just sign the petition!!!!Atleast it is a beginning.

[chill_wind]

3. It's maybe a distinction worth noting.. but probably a forgiveable one

Lots of people with great credentials could get the old "eye-roll", then, I suppose...

Marjorie Cohn:

"Attorney General Eric Holder should appoint a Special Prosecutor to investigate and prosecute high Bush officials including lawyers like John Yoo who gave them “legal” cover. Obama is correct when he said that no one is above the law. Accountability is critical to ensuring that our leaders never again torture and abuse people."


http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5477496&mesg_id=5482237

"Marjorie Cohn is president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law, where she teaches criminal law and procedure, evidence, and international human rights law. She lectures throughout the world on human rights and US foreign policy."

Nadler calls for a Special Council. The ACLU calls for an Independent Prosecutor, (but the named actual url still conveys that slightly interchangeble thought tendency-- https://secure.aclu.org/site/SPageServer?pagename=Nat_Petition_SpecialProsecutor&s_src=UNW090001ACT&s_subsrc=flyer&JServSessionIdr009=sjsqqdlqw2.app25a

(page name- Nat_Petition_SpecialProsecutor )

We all knew what you meant by your poll question and Mr Holder will probably still get the general idea from FDL...